As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Water and Sewer Commissioners duly elected by
the voters of the Town and solely responsible in all matters relating
to the Water Department and the water supply system, in accordance
with applicable Town and state laws.
The Water Department acting through its Superintendent and
its authorized personnel as the agency responsible to the Board for
the operation, maintenance and extension of the water system and collection
of all revenue due.
Throughout these regulations, it shall be implied
that all the powers, rights and duties attributed to the Department
shall have been delegated to the Department by the Board as governing
authority. The Department, in the person of its Superintendent, shall
be responsible for the interpretation and enforcement of these regulations.
In cases where disputes arise between the Department
and property owners relative to the interpretation of these regulations,
the Board, acting within the framework of its powers under the laws,
shall act as a board of appeals for the property owners and shall
constitute the final authority in such disputes.
The consulting engineers and their authorized agents employed
by the Board to plan and supervise the construction of waterworks
utilities.
The responsible legal property owner or owners of land abutting
ways or streets containing waterworks utilities or in which it is
proposed to install waterworks utilities, or the responsible legal
property owner or owners of private land in which it is proposed to
install waterworks utilities.
All piping and appurtenances installed in public and private
ways and in easements for the purposes of providing an available supply
for the abutting property owners, for fire hydrant service or for
reinforcement and efficient operation of the water system.
All piping and appurtenances installed from the street water
main to the meter.
All water main pipes, service connections, hydrants, valves,
meters and appurtenances required to provide satisfactory service
from the Town system to the water meters of the individual takers.
Except as otherwise determined by law, the Department
as authorized by the Board reserves the right to refuse any application
for waterworks utilities if it deems it in the best interest of the
Town of Marblehead. The Department will reserve its judgment on the
approval of installations between December 1 and April 1 and when
ground conditions are unfavorable.
If the Department is requested to change or
relocate piping, meters, or any other waterworks facilities, including
hydrants, for the convenience of property owners and not as a necessity
for the Department, the work of relocation shall be approved by the
Department and at the expense of the property owners requesting such
relocation. Such requests must be made in writing to the Board for
consideration. Relocations required as being beneficial or necessary
for the water system and initiated and constructed by the Department
shall be paid for out of authorized Department funds.
A.
Damage to waterworks facilities will be investigated
and those responsible will be prosecuted to the full extent of the
law. It is requested that all persons, upon noting any damage to waterworks
facilities, whether willful or accidental or through oversight or
neglect, shall immediately report such damage to the Department in
order that steps can be taken to prevent further damage to private
and public property and limit the cost of repairs. Tampering with
and attempting to bypass meters shall be considered an act subject
to action by the Department.
B.
In particular, persons damaging hydrants shall immediately
report such damage and shall be subject to costs for repairs.
A.
Except in case of fire, no person shall open any hydrant
without Department permission.
B.
Requests for new or additional hydrants by property
owners in streets containing water mains shall be made in writing
to the Board. Such requests shall be considered on the basis of need
and benefit to the system, and, if approved, the Department will install
such hydrants when funds are available.
C.
Requests for relocation of hydrants shall be made
in writing to the Board, and, if approved, the Department will make
the necessary changes at the applicant's expense.
D.
In all cases, however, the Department reserves the
right to determine the final location of all fire hydrants and will
make such determination in cooperation with the Chief of the Fire
Department. Where possible, hydrants will be located near property
boundary lines.
A.
All petitions, applications or requests for the installation,
relocation, connection, disconnection or removal of waterworks utilities
must be from the property owner or owners involved or their authorized
agents. The Department will not act upon the request or petition of
a tenant or other occupant except for emergency repairs. In particular,
the Department will not connect or disconnect service connections
or meters or turn water on or off upon request by a tenant.
B.
The property owner shall also be held responsible
for all damage occurring to waterworks utilities on his property or
resulting from his actions or those of his tenants and shall also
be responsible for payment of all water bills and charges as they
become due.
A.
Nonpayment of bills. The Department reserves the right
to shut off any supply or service for disregard of these regulations
and nonpayment of charges or bills when due. If a service is shut
off by the Department for disregard of rules or nonpayment of bills
or charges, there will be a twenty-dollar fee to restore service following
submission of a new request and approval by the Department.
B.
Repairs. The Department reserves the right at any
time, without notice, to shut off the water in its mains for the purpose
of making repairs, tests, or extensions or for other necessary purposes.
All persons having boilers or other appliances on their premises which
depend on pressure in the pipes to keep them supplied with water are
hereby cautioned against damage from these sources and are required
to provide, at their own expense, suitable safety appliances to protect
themselves against such damage. It is expressly stipulated that the
Department shall not be liable for any damages resulting from water
having been shut off either through accident or necessity.
C.
Notice of shutoff. When it becomes necessary in the
opinion of the Department to shut off water in any area of the Town,
either because of an emergency or for planned purposes of repair,
the Department will endeavor to give timely notice to as many of the
consumers affected as time and the character of repairs or accident
will permit, but the failure to give such notice will not render the
Department responsible or liable for any damage or inconvenience that
may result from shutting off water or any coincident conditions.
The Department shall not be held responsible
or liable for damages or inconveniences resulting from any of the
following reasons:
B.
Interruption of supply for emergency or planned repairs,
tests and extensions.
C.
Collapsed boilers resulting from any condition herein
listed.
D.
Failure of the supply at its source or curtailment
of the use of water because of shortage of supply.
E.
Subnormal or abnormal pressures caused by accident
or any of the conditions herein listed.
F.
Dirty water, either from the source of supply or caused
by accident to the system, repairs or operation of the gate and hydrant
system.
G.
Leaks, damage or defects in the consumer's system
which become evident coincident with any of the conditions herein
listed.
H.
Failure of the specified minimum-sized service connection,
or service connections of any larger size, to provide sufficient water
for the consumer's requirements.
I.
Contamination of the water supply.
J.
Broken, frozen or otherwise damaged services located
between the curb stop and the consumer or on private property.
The Department reserves the right to restrict
the use of water at any time and in any manner if it deems it necessary
to do so in the public interest. In particular, the use of water for
swimming pools, air conditioning and sprinkling systems shall be subject
to control or restriction by the Department in any manner and degree
determined as necessary by the Board.
In event of a public emergency in which the
safety of the water supply is endangered by contamination or other
reasons, the Board of Water and Sewer Commissioners in conjunction
with the Board of Health, the Police Department and other governmental
bodies will take all steps required to protect the public. Such steps
may include the shutting off of all parts of the supply system, emergency
treatment of water, rationing and disbursement of water to the public,
and the issuance, distribution and enforcement of all information
and regulations relative to the water supply as the nature of the
emergency may require.
The Board reserves the right to change or amend
these rules and regulations, application forms, rate schedules and
charges from time to time as occasion requires.
